FOLEY, Ala. — Sixto Rivera Jr., known to his patrons as “P.R.,” said Foley police were glad to have his help in closing down an allegedly raucous bar recently. Now, however, he feels that a proposed ordinance that would establish a “last call” for alcohol at 2 a.m. for city bars and clubs targets Club Evolution, the bar he owns.

“Since I’ve been here I’ve been doing what the city asked,” Rivera said recently, referring to the City of Foley’s Web site which speaks of Foley being a progressive city that seeks to attract new business and enhance tourism.

Rivera said he has brought in a new business - Club Evolution opened on Feb. 7, 2009 - a new level of entertainment and tourists, besides generating tax revenues for the city.

Due to Club Evolution, Rivera said Foley is now on the Spring Break database; indeed, he said his club is pulling tourists to Foley from Gulf Shores.

What Rivera calls the “upbeat, faster music” at Club Evolution appeals to the college-age student. The entertainment also includes female impersonators, but Rivera denies that his club is a “gay” bar.

“Whatever your walk of life is, I say you’re welcome,” he said, noting that he has only two club rules: “Respect each other while you’re here and have fun.”

According to Rivera, his club is frequented by employees of other bars who come to the club at 8380 S. McKenzie St. because it is open later than most and those employees can’t drink at the bars that employ them. Also, off-duty police officers from other areas stop by Club Evolution, Rivera said.

“Many (Foley) city employees come to my place,” he added.

Police Chief David Wilson reported to the city council last week that he intends to move forward with implementing a proposed ordinance that would prohibit the sale of alcohol in the 10 city bars between 2 a.m. and 6 a.m. Wilson cited a high number of DUIs and traffic accidents that have occurred lately as the reason for the ordinance, which would have to be approved by the city council.

Rivera said the vice president of his company has contacted Foley City Hall about Rivera being put on the city council agenda when matters pertaining to the proposed ordinance are to be discussed.

An unsigned letter that made its way to area media outlets in late October alleged that Wilson had “declared war on a gay bar,” that bar being Club Evolution. Wilson responded to allegations in the letter with a written statement of his own. He said it wasn’t true that Foley Police Department was targeting Club Evolution. Wilson said in the same statement that he had solicited feedback from city bar owners about the public safety issue regarding DUIs and traffic accidents.

Last week, in giving his monthly report to the council, Wilson noted his intention to pursue the “last call to drink” ordinance and, as well, noted that not all bar owners were “crazy about the proposal.”

“That meeting was actually a waste of time,” Rivera said of Wilson’s meeting with the bar and club owners. He said Wilson eventually told them his mind was made up, and he was going to pursue the ordinance to stop alcohol sales at city nightclubs and bars from 2 a.m. to 6 a.m.

Rivera said he proposed to Wilson that a liaison officer be created to work with the bars and clubs and address problems related to the businesses.

“He (Wilson) was completely opposed to that,” Rivera said.

Asked about alcohol sales at gas stations, convenience stores and Wal-Mart between the hours of 2 a.m. to 6 p.m., Rivera alleges Wilson told the bar owners, “I’m not going to touch that.”

According to Rivera, the only establishment that didn’t have a problem with a proposed “last call” ordinance was Rusty’s, but Rivera said Rusty’s has a Class II (Restaurant Retail Liquor) license, whereas Club Evolution and the others have a Class I (Lounge Retail Liquor) license.

As for being singled out, Rivera said on Halloween night Club Evolution had 450 patrons and no incidents or fights. Yet, he alleges that what he called a “DUI police car” was set up “less than a quarter mile” from the Club and was “pulling people over left and right” as they left Club Evolution premises. They even pulled over one of the Club’s employees on the way to Wal-Mart for supplies, Rivera said.

“We understand that there is a problem, but he (Wilson) is trying to put it all on Foley,” Rivera said of the DUI and traffic accident issues. He notes there are two bars near his bar that are in the county and those would be unaffected by a city ordinance such as the one Wilson is seeking. So too would other bars in the county that are situated near Foley city limits, Rivera said.

Rivera said a proposed ordinance would not address bars that open at 7 a.m. He said, given the option, he had rather see an impaired driver hit a tree late at night rather than a school bus full of children on the way to school. Also, he said closing Club Evolution at 2 a.m. for people who are “still in a party mood” would only send those people home to do their partying and drinking and that would result in increased domestic incidents.

“Foley is the only source of night life there is (in the area),” Rivera said, noting that New Year’s isn’t far off.

“No one expected the Club to do as well as it has done,” he said, noting Club Evolution has, in his words, a “90 percent drama-free rating,” a reference to incidents that take place on Club premises.

Rivera, who was once a manager of the Pink Pony Club on Baldwin County Road 20 West, appeared at a city council meeting in September to speak against giving the Pink Pony a Lounge Retail Liquor license. Foley police presented a litany of complaints against the Pink Pony including violence against police officers breaking up fights at the bar.

Rivera rose to speak at the meeting and said he left the Pink Pony because he didn’t agree with the club owner’s management style. Rivera said then that it would send a “bad message” to grant the license. Council members voted not to recommend approval of the license for the Pink Pony.

“It appears Mr. Rivera out of desperation is trying to make this issue an alternative lifestyle issue. It’s not; it’s a public safety issue,” Chief Wilson said last week regarding Rivera’s comments concerning Club Evolution being targeted.

“The City of Orange Beach has its ordinance in place already. Last call for alcohol should be 2 a.m., and we are following Orange Beach’s lead and hoping to reduce DUIs and save lives from drunken drivers.”

Rivera points to a number of what he refers to as “charity work, community service events and programs that I have done and brought to our fair and progressive city.”

Those include a benefit fish fry for a 7-year-old boy with medical issues, free HIV testing through South Alabama Cares, a “male and female condom program,” the disbursement of health information regarding everything from HIV to breast cancer, and a Christmas toy drive that will benefit a local charitable agency.

Asked about an event that takes place at Club Evolution called “Drink and Drown,” Rivera said at his club the event is known as “Drinkin’ with Lincoln” and has to do with penny beer on sale for a couple of hours.

“Mobile has done this for years,” Rivera said this week. He notes that a club in Gulf Shores has had “quarter nights” and the Pink Pony Club, the bar whose license the city failed to approve, had the same.

Rivera identifies himself as an Army veteran and said he wore the uniform for years to protect American rights. Now, he said, he feels like the “last call” ordinance would be an attack upon his rights as a businessman.